Degree Level

Judicial Enforcers? Exploring Lower Federal Court Compliance in Regulating the Obscene (open access)

Judicial Enforcers? Exploring Lower Federal Court Compliance in Regulating the Obscene

Although federal circuit and district court judges are placed within a federal hierarchy, and receive legal and judicial training that emphasizes the importance of the judicial framework and its structure, such judges are also subjected to other pressures such as the types of litigants within the courtrooms as well as their local political environment. Furthermore, such judges are apt to form their own views about politics and legal policy and are often appointed by presidents who approve of their ideological leanings. Thus, federal courts are caught between competing goals such as their willingness to maximize their preferred legal policy, and their place within the judicial hierarchy. This dissertation applies hierarchy and impact theory to assess the importance of the judicial framework and its socialization, by analyzing both the judicial opinions and votes of federal circuit and district court judges in obscenity cases during a four-decade period (1957-1998). The research presented here finds the influence of higher court precedent to correspond in part with the conception of a judicial hierarchy. An analysis of citations of Supreme Court precedent (Roth v. United States (1957) and Miller v. California (1973)) in lower court majority opinions suggests low levels of compliance: lower courts at …
Date: May 2004
Creator: Ryan, John Francis
System: The UNT Digital Library
Appellate Recruitment Patterns in the Higher British Judiciary: 1850 - 1990 (open access)

Appellate Recruitment Patterns in the Higher British Judiciary: 1850 - 1990

This study seeks to advance the understanding of appellate promotion in the senior judiciary of Great Britain . It describes the population and attributes of judges who served in the British High Courts, Court of Appeal, and Appellate Committee of the House of Lords (i.e., Law Lords) from 1850 to 1990. It specifically builds upon the work of C. Neal Tate and tests his model of appellate recruitment on a larger and augmented database. The study determines that family status, previously asserted as having a large effect on recruitment to the appellate courts, is not as important as previously believed. It concludes that merit effects, professional norms, and institutional constraints offer equally satisfactory or better explanations of appellate recruitment patterns.
Date: December 2004
Creator: Thomas, Bruce K.
System: The UNT Digital Library
Teachers union influence on alternative teacher certification policies: An event history diffusion analysis. (open access)

Teachers union influence on alternative teacher certification policies: An event history diffusion analysis.

I examine the passage of alternative teacher certification policies in the states between 1975 and 2000 using event history analysis and supplementing the event history analysis with an ordinary least squares regression analysis of the strength of the alternative teacher certification policies. In order to test both teachers unions political strength external to state legislatures and teachers unions political strength internal to state legislatures, I use two variables to measure teachers union political strength. One variable measures the percentage of teachers in a state who work under union-negotiated contracts. The other variable measures the percentage of legislators in a state who list their non-legislative occupation as K-12 education. Control variables include teacher shortages, per pupil spending, legislative professionalism, divided government, democratic governor, percentage of minority students, change in percentage of minority students, an electoral threat index, and a time counter. Although the event history model results were inconclusive with respect to the teachers union political strength variables, the policy strength model results reveal that states with large percentages of teachers who work under union-negotiated contracts are more likely than other states to pass weak alternative teacher certification policies. This result supports the notion that teachers unions operate in the education …
Date: August 2004
Creator: Sheard, Wenda
System: The UNT Digital Library
Domestic Influences for Interstate Cooperation: Do Domestic Conditions Affect the Occurrence of Cooperative Events in Democratic Regimes? (open access)

Domestic Influences for Interstate Cooperation: Do Domestic Conditions Affect the Occurrence of Cooperative Events in Democratic Regimes?

This research addressed two main issues that have become evident in studies of interstate cooperation. The first issue has to do with the relationship between cooperation and conflict. Can they be represented on a single, uni-dimensional continuum, or are they better represented by two theoretically and empirically separable dimensions? Granger causality tests were able to clarify the nature of cooperative events. The second issue is related to factors that might facilitate or discourage cooperation with other countries as a foreign policy tool. Factors used to explain cooperation and conflict include domestic variables, which have not been fully accounted for in previous empirical analyses. It is hypothesized that economic variables, such as inflation rates, GDP, and manufacturing production indices affect the likelihood of cooperative event occurrences. The effect of political dynamics, such as electoral cycles, support rates and national capability status, can also affect the possibility of cooperative foreign policies. The domestic factors in panel data was tested with Feasible Generalized Least Square (FGLS) in order to take care of heteroscedasticity and autocorrelations in residuals. The individual case analysis used linear time series analysis.
Date: August 2004
Creator: Yi, Seong-Woo
System: The UNT Digital Library